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CHAPTER THE FIFTH.

OF RECEIVING OR PAYING FOR THE CURRENT COIN ANY MORE OR

LESS THAN ITS LAWFUL VALUE.

THE statute 5 & 6 Edw. 6. c. 19. reciting that divers covetous 5 & 6 Ed. 6. c. persons, of their own authorities, and notwithstanding a statute of 19. 25 Edw. 3. st. 2. c. 12. had of late taken upon them to make exchanges, as well of coined gold as of coined silver, receiving and paying therefore more than the current value as it had been declared by the King's proclamation; enacted, that if any person should exchange any coined gold, silver, or money, giving, receiving, or paying any more in value, benefit, profit, or advantage for it than the same was or should be declared by the King's proclamation to be current for within this realm, and the King's other dominions, that then all the said coined gold, silver, and money so exchanged should be forfeited, and the offenders be imprisoned for a year, and fined at the King's pleasure.

bank notes not

50. as to re

It was objected in two recent cases, that the exchanging guineas Exchanging for bank notes, taking the guineas in such exchange at a higher guineas for value than they were current for by the King's proclamation, was within the stanot an offence within this statute: and, after solemn arguments at tute. several times before the Judges, the point was decided in favour of the objection. (a) In consequence of this decision the 51 G. 3. c.127. and the 52 G.3. c. 50. (continued by the 53 Geo. 3. c. 5. to the 25th March, 1814, and further continued by the 54th Geo. 3. c. 52. during the continuance of any act imposing any restriction on the bank of England with respect to payments in cash) made several provisions upon this subject which have now ceased by the operation of the 59 Geo. 3. c. 49. s. 1. which removed the restrictions on payments in cash under the several Bank acts, on the 1st of May, 1823.

c.

51 G. 3. c. 127. and 52 G. 3. c. ceiving or paying for gold coin more than lue, whether in money or bank

its lawful va

notes.

The provisions made upon this subject by the 56th Geo. 3. 56 Geo. 3. c. 68. s. 13. as to receiving the current gold coin for more or less 68. s. 13., as to receiving or than its value, according to its denomination, should however paying for gold be here mentioned. That statute enacts, that "no person shall coin more or "by any means, device, shift, or contrivance whatsoever, receive less than its or pay for any gold coin lawfully current within the United ing to its de"Kingdom of Great Britain and Ireland any more or less in value, nomination. "benefit, profit, or advantage than the true lawful value which "such gold coin doth or shall by its denomination import; nor

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(a) Rex v. De Yonge, 14 East 402.; and Rex v. Wright, cited 14 East 404.

1

value, accord

Second offence.

Punishment.

Subsequent offence.

Sect. 14. Per

and being a

gain guiltyclerk of the peace shall

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"shall utter or receive any piece or pieces of gold coin of this "realm at any greater or higher rate or value, nor at any less or "lower rate or value than the same shall be current for in pay"ment according to the rates and values declared and set upon "them pursuant to law, and that every person who shall offend "herein shall be deemed and adjudged guilty of a misdemeanor, "and being thereof convicted by due course of law, shall suffer imprisonment for the term of six calendar months, and shall "find sureties for his or her good behaviour for one year more, to "be computed from the end of the said six months; and if the "same person shall afterwards be convicted of the like offence, "such person shall for such second offence suffer one year's im" prisonment, and find sureties for his or her good behaviour for one year more, to be computed from the end of the said last" mentioned year; and if the same person shall afterwards offend 66 against this act, and shall by due course of law be convicted of any subsequent offence, he or she shall be imprisoned for the "term of two years for every such subsequent offence."

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The 14th section enacts" that if any person who shall be consons convicted «victed of receiving or paying any such gold coin contrary to this act, shall afterwards be guilty of the like offence, the clerk of "the assize or clerk of the peace for the county, city, or place "where such conviction was so had, shall, at the request of the prosecutor, or any other person on his Majesty's behalf, certify "such conviction, for which certificate two shillings and sixpence, "and no more, shall be paid; and such certificate, being produced "in court, shall be sufficient proof of such former conviction."

certify former conviction.

Sect. 15. Indictment not to be traversed.

Proviso.

Sect. 16. On prosecution, not necessary to prove money lawful.

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The 15th section enacts, "that no person against whom any "bill of indictment shall be found at any assizes or sessions of "the peace, for any offence against this act, shall be entitled to ❝traverse the same to any subsequent assizes or sessions; but "the court, at which such bill of indictment shall be found, shall "forthwith proceed to try the person or persons against whom the "same shall be found, unless he, she, or they shall shew good 66 cause, to be allowed by the court, why his, her, or their trial "should be postponed."

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The 16th section enacts, "that on any prosecution or trial of any offender or offenders hereafter to be prosecuted or tried for any offence against this act, it shall not be necessary to prove "that the gold coin received or paid, or uttered contrary to this 66 act, is the current gold coin of this realm, but the same shall "be deemed and taken so to be, if received or paid, or uttered as "such, until the contrary thereof shall be proved to the satisfac"tion of the judge, justice, or court, before whom any such "offender or offenders shall be prosecuted or tried."

CHAPTER THE SIXTH.

OF SERVING, or procuRING OTHERS TO SERVE,

FOREIGN STATES.

misdemeanor

ENTERING into the service of any foreign state without the con- Serving fosent of the king, or contracting with it any other engagement reign states, a which subjects the party to an influence or controul inconsistent at common with the allegiance due to our own sovereign, is, at common law, law. a high misdemeanor, and punishable accordingly. (a) Indeed it is considered as so high an offence to prefer the interest of a foreign state to that of our own, that any act is criminal which may but incline a man to do so; as to receive a pension from a foreign prince without the leave of the king. (b)

3 Jac. 1. c. 4.

subjects going
out of the
&c. felony.

realm to serve,

But with respect to serving, or procuring others to serve, s. 18. as to foreign states, provisions have been made by several statutes. The 3 Jac. 1. c. 4. s. 18. enacts, that "every subject of this realm "that shall go or pass out of this realm to serve any foreign "prince, state, or potentate, or shall pass over the seas, and shall "voluntarily serve any such foreign prince, state, or potentate, "not having before his going taken the oath of obedience, (c) shall "be a felon." The nineteenth section of the statute enacts, that "if any gentleman or person of higher degree, or any person which "hath borne, or shall bear any office, or place of captain, lieutenant, or any other place, charge, or office, in camp, army, or company of soldiers, or conductor of soldiers, shall after go or 66 pass voluntarily out of this realm to serve any such foreign prince, state, or potentate, or shall voluntarily serve any such prince, state, or potentate, before that he and they shall become "bound by obligation, with two sureties, &c." with a condition, to the effect that he will not be reconciled to the see of Rome, nor enter into any conspiracy against the king (as particularly set forth in the act) "he shall be a felon."

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Upon the construction of this statute it has been considered, Construction.

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Trial.

59 G. 3. c. 69.

Any subjects of his Majesty

enlisting or engaging to enlist or serve

in foreign service, or engaging to go into a foreign

country with
intent to en-

list, &c. with-
out licence,
&c.; and any
person pro-
curing or at-
tempting to
procure others
to enlist, &c.
shall be

of a misde

meanor, and

that if a party go out of the realm with intent to serve a foreign state, although there be no service in fact; or if a party do actually so serve, though he did not go over for that purpose, but upon some other occasion, it will be within the statute. (d)

The trial of an offence against this statute is to be where the offence is committed, which is at the place where the party passed out of the kingdom. (e)

The statute 59 Geo. 3. c. 69. reciting that the enlistment or engagement of his Majesty's subjects to serve in war in foreign service, without his Majesty's licence; and the fitting out, and equipping, and arming of vessels by his Majesty's subjects, without his Majesty's licence, for warlike operations in or against the dominions or territories of any foreign prince, state, &c. or against the ships, goods, or merchandize, of any foreign prince, state, &c., might be prejudicial to, and tend to endanger the peace and welfare of this kingdom, repeals the statutes, 9 Geo. 2. c. 30. and 29 Geo. 2. c. 17., and also the two Irish statutes, 11 Geo. 2. and 19 Geo. 2.; and then enacts, that "if any natural born "subject of his Majesty, his heirs and successors, without the "leave or licence of his Majesty, &c. for that purpose first had " and obtained under the sign manual of his Majesty, his heirs or successors, or signified by order in council, or by proclamation "of his Majesty, his heirs or successors, shall take or accept, or deemed guilty shall agree to take or accept, any military commission, or shall "otherwise enter into the military service as a commissioned or "non-commissioned officer, or shall enlist or enter himself to en"list, or shall agree to enlist or to enter himself to serve as a "soldier, or to be employed or shall serve in any warlike or military operation, in the service of, or for, or under, or in aid of, any foreign prince, state, potentate, colony, province, or part of "any province or people, or of any person or persons exercising, "or assuming to exercise, the powers of government in or over 66 any foreign country, colony, province, or part of any province, or "people, either as an officer or soldier, or in any other military "capacity; or if any natural born subject of his Majesty shall, "without such leave or licence as aforesaid, accept, or agree to "take or accept, any commission, warrant, or appointment, as an "officer, or shall enlist or enter himself, or shall agree to enlist or "enter himself, to serve as a sailor or marine, or to be employed "or engaged, or shall serve in and on board any ship or vessel of 66 war, or in and on board any ship or vessel used or fitted out, or "equipped or intended to be used for any warlike purpose, in the "service of, or for, or under, or in aid of, any foreign power,'

punishable by

fine and imprisonment.

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prince, state, potentate, colony, province, or part of any province, "or people, or of any person or persons exercising, or assuming to "exercise, the powers of government in or over any foreign coun66 try, colony, province, or part of any province, or people; or if "any natural born subject of his Majesty shall, without such leave "and licence as aforesaid, engage, contract, or agree to go, or shall

(d) 3 Inst. 80. 1 East. P. C. c. 2.
s. 23.
p. 82.

(e) 3 Inst. 80. 3 Jac. 1. c. 4. s. 36.

go to any foreign state, country, colony, province, or part of any "province, or to any place beyond the seas, with an intent or in "order to enlist, or enter himself to serve, or with intent to serve, "in any warlike or military operation whatever, whether by land 66 or by sea, in the service of, or for, or under, or in aid of any "foreign prince, state, potentate, colony, province, or part of any 66 province, or people, or in the service of, or for, or under, or in "aid of, any person or persons exercising, or assuming to exercise, "the powers of government in or over any foreign country, colony, "province, or part of any province, or people, either as an officer or a "soldier, or in any other military capacity, or as an officer, or sailor, “or marine, in any such ship or vessel as aforesaid, although no "enlisting money, or pay, or reward, shall have been, or shall be, "in any or either of the cases aforesaid, actually paid to or re"ceived by him, or by any person to or for his use or benefit; or "if any person whatever, within the united kingdom of Great "Britain and Ireland, or in any part of his Majesty's dominions " elsewhere, or in any country, colony, settlement, island, or place, "belonging to or subject to his Majesty, shall hire, retain, engage, ❝or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such "service or employment as aforesaid, as an officer, soldier, sailor, "or marine, either in land or sea service, for, or under, or in aid of, any foreign prince, state, potentate, colony, province, or any part of any province, or people, or for, or under, or in aid of, any person or persons exercising, or assuming to exercise, any 66 powers of government as aforesaid; or to go, or to agree to go, "or embark, from any part of his Majesty's dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed, as aforesaid, whether any enlisting money, pay, or "reward, shall have been, or shall be, actually given or received or "not; in any or either of such cases, every person so offending "shall be deemed guilty of a misdemeanor, and upon being con"victed thereof, upon any information or indictment, shall be "punishable by fine and imprisonment, or either of them, at the "discretion of the court before which such offender shall be con"victed." (a)

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The seventh section of the statute enacts, that "if any person, "within any part of his Majesty's dominions beyond the seas, "shall, without the leave and licence of his Majesty for that purpose, first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, "or arm, or procure to be equipped, furnished, fitted out, or armed, 66 or shall knowingly aid, assist, or be concerned in the equipping, "furnishing, fitting out, or arming of, any ship or vessel, with "intent or in order that such ship or vessel shall be employed in "the service of any foreign prince, state, or potentate, or of any

(a) S. 3. contains a proviso excepting persons from the operation of the act who shall have enlisted, &c. or

procured others to enlist, &c. before
the time therein specified.

Any person without li ping, &c. or procuring to be equipped, &c. any vessel, with intent that it shall be employed of any foreign prince, &c. or

cence equip

in the service

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